Radiologist Error Brain Injury Claims in New York
When you seek medical care after a head injury or concerning neurological symptoms, you trust that radiologists will accurately interpret your brain scans. Yet diagnostic imaging errors occur more frequently than many patients realize. A radiologist’s failure to identify bleeding in the brain, traumatic brain injury, tumors, or stroke on CT scans or MRIs can lead to devastating consequences, including permanent brain damage or death.
In New York, radiologists who deviate from accepted standards of care may be held liable for medical malpractice when their errors cause patient harm. Understanding your legal rights after a radiologist’s negligence has caused brain injury is essential to obtaining the compensation and accountability you deserve.
Key Takeaways
- Diagnostic errors are common: Real-time errors in radiology practice average 3-5%, with nearly 75% of malpractice claims against radiologists involving diagnostic errors.
- Brain injuries often missed: Research shows approximately 80% of traumatic brain injuries cannot be seen on standard MRI or CT scans, and even in top trauma hospitals, 56% of mild traumatic brain injuries go undiagnosed.
- New York statute of limitations: Medical malpractice claims must generally be filed within 2 years and 6 months under CPLR § 214-a, though tolling provisions may apply for severe brain injuries causing incapacity.
- No damage caps in NY: Unlike some states, New York does not limit damages in medical malpractice cases, allowing full compensation for economic and non-economic losses.
- Expert testimony required: Proving radiologist negligence requires testimony from qualified medical experts who can establish the applicable standard of care and deviation from it.
What Constitutes Radiologist Error in Brain Injury Cases?
Radiologist error occurs when a physician trained in diagnostic imaging fails to meet the accepted standard of care in interpreting medical images. In brain injury cases, these errors typically involve misreading or failing to identify critical findings on CT scans, MRIs, or other neuroimaging studies.
According to research published in medical journals, the retrospective error rate among radiologic examinations is approximately 30%, though real-time errors in daily practice average between 3-5%. Not all errors constitute actionable malpractice, but when a radiologist’s negligence directly causes or worsens a brain injury, legal liability may exist.
Types of Radiologist Errors
Radiology errors fall into three primary categories, each with distinct characteristics and legal implications:
Perceptual errors occur when a radiologist completely fails to observe an important finding on an imaging study. These are sometimes called “misses” in medical literature. In brain injury cases, perceptual errors might involve overlooking a small subdural hematoma, failing to notice subtle signs of diffuse axonal injury, or missing an early ischemic stroke on CT imaging.
Cognitive errors happen when the radiologist sees an abnormality but misinterprets its significance. The finding is observed but incorrectly classified as benign, normal variant, or less serious than it actually is. For example, a radiologist might identify an area of abnormal density but attribute it to artifact rather than recognizing it as acute hemorrhage.
Communication errors involve failures in conveying critical findings to treating physicians in a timely manner. Even when a radiologist correctly identifies a life-threatening brain bleed, delays in reporting or ambiguous report language can prevent appropriate treatment, leading to worsened outcomes.
Critical Finding Delays
The American College of Radiology establishes guidelines for communicating urgent findings. When radiologists fail to promptly report critical brain injuries, the delay itself may constitute a deviation from the standard of care, even if the initial interpretation was correct.
Common Types of Brain Injuries Missed by Radiologists
Certain brain injuries present particular diagnostic challenges on imaging studies, leading to higher rates of radiologist error. According to the National Institutes of Health, imaging for traumatic brain injury diagnosis requires careful interpretation due to the complex nature of these injuries. Understanding these common scenarios helps patients recognize when further investigation may be warranted.
Intracranial Hemorrhage
Bleeding inside the skull represents one of the most serious imaging findings that radiologists sometimes miss. Types include subdural hematoma (bleeding between brain and outer covering), epidural hematoma (bleeding between skull and outer brain covering), subarachnoid hemorrhage (bleeding in the space surrounding the brain), and intracerebral hemorrhage (bleeding within brain tissue itself). Small bleeds or those occurring in certain locations may be subtle on initial CT scans.
Diffuse Axonal Injury
Traumatic brain injuries that involve widespread damage to nerve fibers (axons) throughout the brain often appear normal on standard CT scans. According to medical research, about 80% of traumatic brain injuries cannot be seen on conventional MRI or CT imaging. Patients with diffuse axonal injury may experience significant neurological symptoms despite normal-appearing scans, requiring more advanced imaging protocols.
Acute Ischemic Stroke
Early signs of stroke can be extremely subtle on CT scans, particularly within the first few hours after symptom onset. Radiologists must look for loss of gray-white differentiation, subtle hypodensity in affected brain regions, and early signs of swelling. Missing these findings can delay time-sensitive treatments like thrombolytic therapy, resulting in permanent brain damage that might have been prevented.
Brain Tumors and Masses
Small tumors, particularly those located in challenging anatomical locations or those with imaging characteristics similar to normal brain tissue, may be overlooked on routine imaging. Slow-growing tumors can also be missed when radiologists fail to compare current studies with prior imaging, missing gradual changes over time.
Why Brain Injuries Are Frequently Missed on Imaging
The high rate of missed brain injuries on diagnostic imaging relates to both technical limitations of imaging technology and human factors affecting radiologist performance.
Technical Limitations of Imaging
CT and MRI scans have inherent physical limitations. CT imaging functions best at identifying macroscopic (large) lesions but often cannot detect microscopic injuries to neurons and neural connections. According to the National Center for Biotechnology Information, medical imaging technology, while continually improving, may be unable to pinpoint the cellular-level damage that occurs in many traumatic brain injuries.
MRI offers better sensitivity for certain types of brain injury than CT, particularly for nonhemorrhagic contusions and shear-strain injuries. However, MRI may not be performed in the acute trauma setting due to time constraints and patient instability. The choice between CT and MRI involves clinical judgment, and inappropriate imaging selection itself may constitute an error.
Human Factors and Cognitive Biases
Radiologists interpret hundreds or thousands of imaging studies under time pressure and often without complete clinical information. Several well-documented cognitive biases contribute to diagnostic errors:
Satisfaction of search occurs when a radiologist identifies one abnormality and stops looking, missing additional findings. For example, after noting a skull fracture, the radiologist might fail to identify associated intracranial bleeding.
Confirmation bias happens when clinical information leads the radiologist to expect certain findings and overlook others. If the clinical history suggests a minor head injury, the radiologist might unconsciously minimize subtle findings that would suggest more serious injury.
Availability bias involves overestimating the likelihood of conditions the radiologist has recently encountered while underestimating less common diagnoses. This can lead to misinterpreting imaging findings based on pattern recognition from recent cases rather than objectively evaluating the current study.
| Contributing Factor | Impact on Brain Injury Detection | Prevention Strategy |
|---|---|---|
| High workload volume | Reduced time per study, increased fatigue | Appropriate staffing, workload limits |
| After-hours reading | Fatigue, lack of immediate consultation | Dedicated neuroimaging specialists |
| Inadequate clinical information | Misunderstanding of clinical context | Improved communication protocols |
| Poor image quality | Subtle findings not visible | Quality assurance programs |
| Lack of prior imaging | Unable to assess change over time | Comprehensive image archiving |
Standard of Care for Radiologists Reading Brain Scans
In medical malpractice litigation, the standard of care defines the level of skill, knowledge, and care that a reasonably competent radiologist would exercise under similar circumstances. This standard is established through professional guidelines, medical literature, and expert testimony.
The American College of Radiology (ACR) publishes practice parameters that guide radiologists in performing and interpreting brain imaging. These include the ACR–ASNR–SPR Practice Parameter for the Performance and Interpretation of Magnetic Resonance Imaging of the Brain and similar guidelines for CT imaging of the head.
These practice parameters describe the training, skills, and techniques expected of radiologists but explicitly state they are educational tools, not inflexible rules. They are designed to assist practitioners in providing appropriate radiologic care while recognizing that individual patient circumstances may require deviation from standard approaches.
Key Elements of Neuroradiology Standard of Care
A radiologist interpreting brain imaging studies must demonstrate several competencies. They must possess specialized training in neuroimaging interpretation, typically through residency training in radiology and often additional fellowship training in neuroradiology for complex cases. Knowledge of normal brain anatomy and common anatomical variants is essential to distinguish abnormalities from normal findings.
Understanding of brain pathology and how different disease processes appear on imaging allows radiologists to correctly interpret findings. Familiarity with appropriate imaging protocols ensures that the right imaging technique is used for the clinical question. When findings are ambiguous or additional imaging might be helpful, radiologists should recommend appropriate follow-up studies.
Perhaps most critically, timely communication of critical findings to treating physicians must occur. The ACR defines critical results as those suggesting a condition that requires immediate or urgent medical attention. Radiologists must have systems in place to ensure such findings are conveyed directly to the responsible physician, not simply included in a written report that might not be reviewed for hours or days.
Clinical Context Matters
While radiologists must interpret imaging findings objectively, the clinical context provided by the ordering physician is important. Studies show that inadequate clinical information is a contributing factor to diagnostic errors. However, radiologists also have a responsibility to recognize findings that may be inconsistent with the provided clinical history and to communicate this to treating physicians.
Proving Radiologist Negligence in New York
Establishing medical malpractice against a radiologist in New York requires proving four essential elements. Each must be demonstrated by a preponderance of the evidence, meaning it is more likely than not that each element is true.
Elements of a Medical Malpractice Claim
First, a doctor-patient relationship must have existed. In radiology cases, this relationship is typically established when the radiologist interprets imaging studies ordered for the patient’s care. Unlike treating physicians who have direct patient contact, radiologists usually form this relationship through their role as consultants to other physicians.
Second, the radiologist must have deviated from the accepted standard of care. This requires expert testimony from a qualified radiologist who can explain what a reasonably competent radiologist would have done under similar circumstances and how the defendant radiologist’s actions fell short. The expert must demonstrate that the error was not simply a difference of opinion but represented care that fell below acceptable professional standards.
Third, the deviation from the standard of care must have caused the patient’s injury. Causation in radiology cases can be complex. Proving that earlier diagnosis would have led to better outcomes requires medical evidence. For example, if a radiologist missed a brain bleed that was later discovered, expert testimony must establish that the delay in diagnosis resulted in worsened injury or complications that would have been avoided with timely detection.
Fourth, the patient must have suffered damages. This includes both economic damages like medical expenses and lost wages, and non-economic damages such as pain and suffering. In brain injury cases, damages often include the cost of future medical care, rehabilitation, and lost earning capacity due to permanent cognitive or physical impairments.
The Role of Expert Witnesses
New York law requires expert medical testimony in most medical malpractice cases. The expert must be qualified in the same or similar specialty as the defendant. For claims against a radiologist, this typically means the plaintiff’s expert must be a board-certified radiologist, preferably with experience in neuroradiology if brain imaging is involved.
The expert witness serves multiple functions. During the early stages of litigation, the expert reviews medical records and imaging studies to form an opinion about whether malpractice occurred. If the case proceeds, the expert may testify at deposition and trial, explaining complex medical concepts to the jury and offering opinions about the standard of care and causation.
Selecting a qualified and credible expert witness is often critical to the success of a medical malpractice claim. Radiologists with strong academic credentials, relevant clinical experience, and clear communication skills make the most effective experts.
New York Statute of Limitations for Radiologist Error Claims
Understanding the time limits for filing a medical malpractice lawsuit is critical. Missing the deadline, known as the statute of limitations, generally results in permanent loss of the right to pursue compensation, regardless of the merit of the claim.
New York Civil Practice Law and Rules (CPLR) § 214-a establishes that medical malpractice actions must be commenced within two years and six months of the alleged negligence. This deadline applies to most medical malpractice claims, including those against radiologists.
When the Statute of Limitations Begins
The statute typically begins running on the date the malpractice occurred, not when the patient discovered the error. If a radiologist misread a brain scan on January 1, 2024, the statute of limitations would generally expire on July 1, 2026, even if the patient did not discover the error until much later.
This rule creates particular challenges in radiology cases where errors may not be discovered until a subsequent imaging study reveals what should have been seen on earlier films. The continuous treatment doctrine, which can extend the statute of limitations in some cases, typically does not apply to radiologists who do not have ongoing treatment relationships with patients.
Tolling Provisions for Brain Injury
New York law provides important exceptions for patients who suffer incapacitating injuries. According to CPLR § 208(a), the statute of limitations may be tolled (paused) for individuals who are unable to protect their legal rights due to mental incapacity.
For brain injury cases, this tolling provision can be particularly relevant. If a radiologist’s error led to severe brain trauma that left the patient unable to function or make legal decisions, courts may pause the statute of limitations during the period of incapacity. However, New York courts interpret this provision narrowly. The existence of a psychiatric diagnosis or cognitive impairment alone is not sufficient; the patient must be unable to understand and protect their legal rights.
When the injured patient is a minor, different rules apply. The statute of limitations does not begin running until the child reaches age 18, though exceptions exist for certain types of claims.
Do Not Delay Legal Consultation
Even when tolling provisions might apply, waiting to consult with an attorney is risky. Evidence can be lost, witnesses’ memories fade, and determining exactly when the statute of limitations expires often requires legal analysis. If you suspect a radiologist’s error caused brain injury, seek legal advice as soon as possible to preserve your rights.
Damages Available in Radiologist Error Brain Injury Cases
New York does not impose caps on damages in medical malpractice cases, distinguishing it from many other states that limit non-economic damages. This means patients who suffer brain injuries due to radiologist negligence can seek full compensation for all losses, both economic and non-economic.
Economic Damages
Economic damages compensate for financial losses that can be calculated with relative precision. In brain injury cases, these often represent substantial amounts due to the long-term nature of care required.
Medical expenses include all costs of diagnosis and treatment for the brain injury, including emergency care, hospitalization, surgery, medications, and follow-up appointments. For traumatic brain injuries resulting from radiologist error, medical costs continue throughout the patient’s lifetime and may include specialized rehabilitation, cognitive therapy, occupational therapy, and assistive devices.
Lost wages compensate for income lost while unable to work due to the brain injury. This includes both past lost earnings from the time of injury to the present and future lost earning capacity if the brain injury causes permanent disability that prevents the patient from returning to their former occupation or limits their ability to work.
Future medical care costs are particularly significant in brain injury cases. Life care planners and medical experts project the cost of ongoing care, therapy, medications, and equipment the patient will require for the remainder of their life. These projections are reduced to present value and included in the damage award.
Non-Economic Damages
Non-economic damages compensate for losses that cannot be measured in purely financial terms. In brain injury cases, these often constitute a large portion of the total recovery.
Pain and suffering includes physical pain and emotional distress caused by the brain injury. Traumatic brain injuries often result in chronic headaches, seizures, and other painful conditions. The emotional and psychological impact of losing cognitive function, independence, or quality of life is also compensable.
Loss of enjoyment of life compensates for the inability to engage in activities and pursuits that previously brought pleasure and meaning. For brain injury victims, this might include loss of ability to work in a chosen profession, pursue hobbies, maintain relationships, or live independently.
Disfigurement and disability damages account for permanent physical changes or limitations resulting from the brain injury. This includes both visible changes and functional impairments that affect daily activities.
Punitive Damages
New York law allows punitive damages in limited circumstances when a defendant’s conduct was reckless, malicious, or demonstrated a wanton disregard for patient safety. These damages, intended to punish the wrongdoer and deter similar conduct, are rarely awarded in medical malpractice cases but may be available in egregious situations.
| Damage Category | What It Includes | Calculation Method |
|---|---|---|
| Past Medical Expenses | All treatment costs from injury to trial | Actual bills and records |
| Future Medical Expenses | Projected lifetime care costs | Life care plan, expert testimony |
| Past Lost Wages | Income lost from injury to trial | Employment records, tax returns |
| Future Lost Earnings | Reduced earning capacity | Vocational and economic experts |
| Pain and Suffering | Physical and emotional distress | Jury discretion, case comparisons |
| Loss of Enjoyment | Diminished quality of life | Patient testimony, expert input |
The Claims Process for Radiologist Error Cases
Pursuing a medical malpractice claim against a radiologist in New York involves multiple stages, each with specific requirements and challenges. Understanding this process helps set realistic expectations about timing and what to expect.
Initial Case Evaluation
The process begins with consultation with a medical malpractice attorney who can evaluate whether you have a viable claim. The attorney will review your medical records, imaging studies, and radiology reports. Because radiologist error cases require specialized knowledge, the attorney typically consults with a radiologist expert who reviews the images independently.
If the expert believes the radiologist’s interpretation fell below the standard of care and caused harm, the case can proceed. If the expert finds the radiologist’s interpretation reasonable even if incorrect, or if the error did not cause additional injury, the claim may not be viable. This initial screening process typically takes several weeks to a few months.
Certificate of Merit Requirement
New York law requires plaintiffs in medical malpractice cases to file a certificate of merit, signed by an attorney, stating that the case has been reviewed by a qualified medical expert who believes there is a reasonable basis for the claim. This requirement prevents frivolous lawsuits from proceeding and ensures cases have preliminary expert support before defendants incur legal costs.
Discovery Phase
After filing the lawsuit, both sides engage in discovery, exchanging information and evidence. In radiologist error cases, discovery typically includes depositions of the radiologist, treating physicians, and the patient; expert witness depositions where each side’s experts explain their opinions and are cross-examined; production of complete medical records and imaging studies; and written interrogatories and requests for admission.
The discovery phase often lasts 12 to 18 months or longer in complex brain injury cases. This period allows both sides to fully understand the facts and prepare for trial or settlement negotiations.
Settlement Negotiations and Trial
Most medical malpractice cases settle before trial, often during or after discovery when both sides can assess the strength of the evidence. Settlement offers the certainty of recovery without the risks and stress of trial. However, settlement requires agreement between the parties, and not all cases can be resolved this way.
If settlement is not reached, the case proceeds to trial before a jury. Medical malpractice trials typically last one to three weeks, depending on complexity. The jury hears testimony from fact witnesses and expert witnesses, reviews medical records and imaging studies, and ultimately decides whether malpractice occurred and what damages should be awarded.
Why Radiologist Error Cases Require Specialized Legal Representation
Medical malpractice litigation is among the most complex areas of civil law, and cases involving radiologist error present unique challenges that require specialized knowledge and resources.
Technical Complexity
Radiologist error cases require understanding of diagnostic imaging technology, brain anatomy, and how various pathologies appear on CT and MRI scans. Attorneys handling these cases must be able to comprehend radiology reports, identify discrepancies between the written report and the actual images, and effectively communicate these technical concepts to juries.
The images themselves must be obtained and reviewed independently. Relying solely on radiology reports is insufficient because the error may be visible on the images even if not mentioned in the report. This requires access to medical imaging specialists and the technology to properly display and present images as evidence.
Expert Witness Requirements
Finding qualified radiologist experts willing to testify against colleagues can be challenging. The radiology community is relatively small, and many radiologists are reluctant to participate in malpractice litigation. Experienced medical malpractice attorneys maintain relationships with credible experts across various specialties and can identify qualified neuroradiology experts for brain injury cases.
The expert must be able to withstand cross-examination and effectively communicate complex concepts to a jury. An expert with impressive credentials but poor communication skills may be less effective than one with strong teaching abilities who can make technical concepts understandable.
Resource Requirements
Medical malpractice cases require substantial upfront investment. Obtaining and organizing medical records, having imaging studies independently reviewed, retaining multiple expert witnesses, and conducting depositions all involve significant costs. In brain injury cases requiring life care planning and economic analysis, costs can reach tens of thousands of dollars before trial.
Most medical malpractice attorneys work on a contingency fee basis, advancing these costs and recovering them only if the case succeeds. This arrangement allows injured patients access to justice regardless of their financial resources but requires attorneys who have the capital and experience to properly fund complex litigation.
Choosing the Right Attorney
When selecting an attorney for a radiologist error case, consider their specific experience with medical malpractice cases, track record of results in radiology cases, resources to properly fund the litigation, relationships with qualified expert witnesses, and willingness to take cases to trial if necessary. An initial consultation can help you assess whether an attorney has the specialized knowledge needed for your case.
Preventing Radiologist Errors: What Patients Should Know
While patients cannot control radiologist performance, understanding certain facts about diagnostic imaging can help you advocate for appropriate care and recognize when further evaluation may be warranted.
No Imaging Test Is Perfect
Both CT and MRI scans have limitations in detecting brain injuries. If your symptoms are inconsistent with negative imaging findings, discuss this with your physician. Medical research shows that about 80% of traumatic brain injuries cannot be seen on standard imaging, and even in top trauma centers, more than half of mild traumatic brain injuries are not diagnosed through imaging alone.
Clinical symptoms matter as much as imaging findings. If you are experiencing confusion, persistent headaches, memory problems, balance issues, or other neurological symptoms after head trauma, these symptoms warrant investigation even if initial scans appeared normal.
Ask About Second Opinions
Radiology second opinions are common practice in medicine. If your condition is not improving as expected or your symptoms seem inconsistent with the radiology interpretation, asking your physician to have another radiologist review the images is reasonable. Academic medical centers often provide second opinion services, and subspecialty-trained neuroradiologists may identify findings that general radiologists miss.
Request Comparison with Prior Studies
When undergoing follow-up imaging, ensure prior studies are available for comparison. Changes over time may be more apparent than a single study in isolation. Radiologists should specifically compare new studies with prior imaging when available, but communication breakdowns can result in comparisons not being performed.
Understand Critical Results Policies
If you undergo imaging in an emergency or urgent situation, ask your physician when you can expect results and what happens if critical findings are discovered. Hospitals and imaging centers should have policies ensuring immediate communication of life-threatening findings. If hours or days pass without communication after imaging for a serious condition, follow up proactively.
How Hospitals and Imaging Centers Can Reduce Errors
Healthcare institutions have responsibilities to implement systems that reduce the likelihood of diagnostic errors. According to the Agency for Healthcare Research and Quality, systematic approaches to error reduction significantly improve patient outcomes. Quality assurance programs, appropriate staffing levels, subspecialty coverage for neuroimaging, peer review processes, and clear communication protocols all contribute to patient safety.
Quality Assurance Programs
Regular peer review of imaging interpretations helps identify systematic issues and provides learning opportunities. Double-reading protocols for high-risk studies like trauma imaging can catch errors before they impact patient care. Continuous quality improvement initiatives track error rates and implement targeted interventions.
Technology and Decision Support
Computer-aided detection systems can alert radiologists to potential abnormalities that might otherwise be overlooked. Comparison with prior imaging studies should be facilitated through integrated picture archiving systems. Structured reporting templates ensure critical findings are communicated consistently.
Communication Protocols
Critical results notification policies must ensure urgent findings reach treating physicians immediately. Closed-loop communication systems verify that critical results were received and understood. Clear escalation procedures handle situations where the treating physician cannot be reached promptly.
When radiologist errors result from systemic failures rather than individual negligence alone, the hospital or imaging center may share liability. This can be important in cases where individual radiologists have limited malpractice insurance coverage but the institution has more substantial resources to compensate injured patients.
Frequently Asked Questions
What is the difference between a radiologist mistake and medical malpractice?
Not all radiologist mistakes constitute medical malpractice. Malpractice requires that the radiologist’s error fell below the accepted standard of care and directly caused patient harm. Medicine involves judgment, and reasonable radiologists may sometimes disagree on interpretations. Malpractice occurs when an error results from negligence that a competent radiologist would not have made under similar circumstances. An expert witness must establish that the error breached the standard of care and that this breach caused additional injury beyond what would have occurred with proper care.
How long do I have to file a lawsuit for radiologist error causing brain injury in New York?
New York’s statute of limitations for medical malpractice is two years and six months from the date of the alleged malpractice under CPLR § 214-a. However, if you suffered severe brain injury that left you unable to protect your legal rights, CPLR § 208(a) may toll (pause) the statute of limitations during your period of incapacity. Courts interpret this exception narrowly, requiring evidence that the injury prevented you from understanding and protecting your rights. Because these cases are fact-specific, consult with an attorney as soon as possible to preserve your claim.
Can brain injuries be missed on CT scans and MRIs?
Yes, many brain injuries are invisible or very subtle on standard CT and MRI scans. Medical research indicates that approximately 80% of traumatic brain injuries cannot be detected on conventional imaging. CT scans are excellent for identifying large bleeds and skull fractures but may miss diffuse axonal injury, small contusions, and other microscopic damage. MRI is more sensitive than CT for certain types of brain injury but may not be performed in the acute setting. When symptoms are inconsistent with negative imaging, clinical evaluation remains critical and additional specialized imaging may be warranted.
What damages can I recover if a radiologist’s error caused my brain injury?
New York does not cap damages in medical malpractice cases, allowing full compensation for all losses. Economic damages include past and future medical expenses, lost wages, lost earning capacity, and costs of ongoing care and rehabilitation. Non-economic damages compensate for pain and suffering, loss of enjoyment of life, and the impact of permanent disability. In brain injury cases, life care planners project lifetime costs of care, and economic experts calculate lost earning capacity. The specific damages depend on the severity of injury, its impact on your life, and the strength of evidence linking the injury to the radiologist’s error.
Do I need an expert witness to prove radiologist malpractice?
Yes, New York law requires expert medical testimony in most medical malpractice cases to establish the standard of care and causation. Your expert must be qualified in radiology, preferably with experience in neuroradiology for brain injury cases. The expert reviews your medical records and imaging studies, forms an opinion about whether the radiologist’s interpretation fell below accepted standards, and testifies about what should have been done and how the error caused harm. The defendant radiologist will have their own expert witnesses, making the credibility and qualifications of experts critical to case outcomes.
What if my doctor ordered the wrong type of imaging test?
If the treating physician ordered inappropriate imaging that failed to detect a brain injury, liability may rest with the treating physician rather than the radiologist, or both may share responsibility. Radiologists have some obligation to recognize when the ordered study is inappropriate for the clinical question and to recommend additional or alternative imaging. However, the primary responsibility for selecting appropriate diagnostic tests typically rests with the treating physician. Cases involving wrong imaging modality may require claims against multiple defendants.
How do I obtain my imaging studies for a second opinion?
Under federal HIPAA regulations and New York law, you have the right to obtain copies of your medical records and imaging studies. Contact the imaging center or hospital medical records department and request your complete imaging studies on disc. There may be a reasonable fee for copying. You should receive the actual images, not just the radiology report. Many imaging centers now provide online access to images through patient portals. If you encounter difficulty obtaining your records, an attorney can assist with formal requests and address any improper denials of access.
Speak With a New York Brain Injury Attorney
If a radiologist’s error contributed to your brain injury or delayed critical diagnosis, you may be entitled to substantial compensation. Our experienced medical malpractice attorneys can evaluate your case, consult with expert radiologists, and fight for the accountability and recovery you deserve.
Disclaimer: This page provides general information about radiologist error and brain injury claims in New York. It does not constitute legal advice, and no attorney-client relationship is created by viewing this information. Medical malpractice law is complex and fact-specific. Consult with a qualified attorney to discuss your individual situation. Prior results do not guarantee similar outcomes in future cases.
